AOS Filed EAD/AP Pending- H4 Renewal Pending - Need to travel to India

Recommended Posts

I have recentely filed AOS - EAD/AP for myself and my wife, we are still waiting for the receipt notice.

My H1 visa expired end of OCt 2020, and new I-797 has been approved and valid till 2023.

My wife's H4 vis expired end of Oct 2020, but the extention is still pending.

My wife need to travel to india urgently for family reasons. 

We want to know if it is fine for her to travel out of country now with pending AOS.

On I found this regarding travel for H1/H4 and want to clarify if that applies to US


Historically, Policy for Travel with Pending I-485 also Applied to Travel with Pending I-131

Generally, if an applicant for adjustment of status (form I-485) departs the U.S. while the application is still pending, the I-485 is considered abandoned and is denied. However, if the I-485 applicant is in valid L-1, L-2, H1B, H-4, K-3, K-4, or V nonimmigrant status, and remains eligible for that status upon returning to the U.S., the I-485 application is not considered to be abandoned"


Question: Given my wife's H4 visa expired and the extension is still not approved, is she considered to be in "Valid H4" status ?

Link to comment
  • 4 months later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.